HB5635 - Relating to the use, curation, and censorship of library materials at public libraries.

      By: Zwiener H.B. No. 5635       A BILL TO BE ENTITLED   AN ACT   relating to the use, curation, and censorship of library materials   at public libraries.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 441, Government Code, is amended by   adding Subchapter O to read as follows:   SUBCHAPTER O.   FREE ACCESS TO LIBRARY MATERIALS           Sec. 441.261.  DEFINITIONS. In this subchapter:                 (1)  "Censor" means to engage in the act of censorship.                 (2)     "Censorship" means the governmental suppression   of library materials on the basis of disagreement with the content   of the materials, including on the basis of morality, religion,   politics, or the materials' depiction of race, gender, or   sexuality.   The term includes:                       (A)     prohibiting or interfering with the   acquisition of materials; and                       (B)     removing, hiding, restricting access to, or   restricting the searchability of materials, including by requiring   parental consent.                 (3)  "Governmental entity" means:                       (A)     this state or a political subdivision of this   state; and                       (B)     any agency of this state or a political   subdivision of this state, including a department, bureau, board,   commission, office, agency, council, institution of higher   education, or public school.                 (4)     "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                 (5)     "Librarian" means an employee of a public library   whose duties include the selection, purchase, curation, display,   and removal of library materials.                 (6)     "Library materials" means fictional and   non-fictional electronic, print, and nonprint resources for use by   library patrons, including books, audiobooks, movies, videos,   periodicals, databases, games, maps, charts, graphs, and   interactive applications and software.                 (7)     "Member" means a member of the governing body of a   governmental entity with voting authority.                 (8)     "Public library" means a public library or library   system, as defined by Section 441.122, or other library operated by   a governmental entity. The term includes a public school library.                 (9)     "Public school" means an independent school   district or an open-enrollment charter school established under   Chapter 12, Education Code.           Sec.   441.262.     CENSORSHIP PROHIBITED. A governmental entity   may not censor library materials in a public library.           Sec.   441.263.     RIGHTS TO SHARE AND ENCOUNTER IDEAS. Except   as provided by Section 441.264:                 (1)     an author, creator, or publisher of library   materials is entitled to communicate the author's, creator's, or   publisher's ideas to any individual who is interested in the ideas;   and                 (2)     a patron of a public library, including a public   school student, is entitled to encounter the ideas without   governmental interference.           Sec.   441.264.     CURATION OF LIBRARY MATERIALS. (a) A   librarian may curate a public library's collection of library   materials based on recognized, nonideological professional   standards to ensure the collection meets the educational,   informational, enrichment, and entertainment needs of the   community the library serves, provided that the librarian's   curation of library materials is not exercised in a narrowly   partisan or political manner.           (b)     A governmental entity may not require a librarian to   include or remove any specific library materials in a public   library for a political purpose.           Sec.   441.265.     GOVERNING BODY APPEAL. (a) A person may   appeal to the governing body of a public library's governmental   entity the censorship of library materials by the library or   entity.           (b)     Library materials subject to an appeal under this   section must remain in the public library and be available to the   public until the final resolution of the appeal, including any   applicable judicial review.   If the governing body elects to censor   the library materials at the conclusion of the appeal, the   governing body shall provide a written, substantive reason for the   censorship and make the reason publicly available.           (c)     A person is not required to exhaust the person's   administrative remedies under this section before seeking other   remedies under this subchapter.           Sec.   441.266.     LIBRARIAN ACTION. (a) A librarian who has   been subjected to discipline, termination, or threats of discipline   or termination for refusing to censor library materials may bring   an action against a governmental entity or member who ordered the   censorship for damages arising from the discipline, termination, or   threats.           (b)     In an action brought under this section, a prevailing   claimant may recover:                 (1)  compensatory damages;                 (2)  exemplary damages;                 (3)  declaratory relief;                 (4)  injunctive relief; and                 (5)     reasonable attorney's fees and costs, including   expert witness fees, incurred in bringing the action.           Sec.   441.267.     STUDENT AND PARENT OR GUARDIAN ACTION. (a)   A   student or the student's parent or legal guardian may bring an   action against a governmental entity or member who orders or   enforces censorship of library materials in a public library of a   public school in which the student is enrolled.           (b)     In an action brought under this section, a prevailing   claimant may recover:                 (1)     statutory damages in an amount that is not less   than $500 and not more than $5,000 for each library material subject   to censorship;                 (2)  declaratory relief;                 (3)  injunctive relief; and                 (4)     reasonable attorney's fees and costs, including   expert witness fees, incurred in bringing the action.           Sec.   441.268.     AUTHOR, BOOKSELLER, AND PUBLISHER ACTION.     (a) An author, bookseller, or publisher whose library materials   are subject to censorship may bring an action against a   governmental entity that enforces the censorship.           (b)     A claimant who prevails in an action under this section   is entitled to recover:                 (1)     statutory damages in an amount that is not less   than $500 and not more than $5,000 for each library material subject   to censorship;                 (2)  declaratory relief;                 (3)  injunctive relief; and                 (4)     reasonable attorney's fees and costs, including   expert witness fees, incurred in bringing the action.           Sec.   441.269.     MEMBER LIABILITY; DEFENSES.   (a)   A member is   liable in the member's personal capacity and jointly and severally   liable to a claimant in an action brought under Section 441.266 or   441.267 against the member.           (b)     It is an affirmative defense to personal liability under   this subchapter that a member was acting under the direction of a   binding state or federal authority.           (c)     A member may not assert official immunity or other forms   of immunity as a defense to liability under this subchapter.           Sec.   441.270.     SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.     A governmental entity's sovereign or governmental immunity to suit   and from liability is waived to the extent of liability created by   this subchapter.           Sec.   441.271.     LIMITATION ON PAYMENT OF COSTS. (a) A   governmental entity may not use money that would otherwise be   allocated to a public library to pay the costs of an action brought   under this subchapter.           Sec.   441.272.     STATUTE OF LIMITATIONS. An action brought   under this subchapter must be filed not later than the first   anniversary after the date the cause of action accrues.           Sec.   441.273.     CAUSE OF ACTION CUMULATIVE. The cause of   actions created by Sections 441.266, 441.267, and 441.268 of this   subchapter are cumulative of any other remedy provided by common   law or statute.          SECTION 2.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 3.  (a)  Subchapter O, Chapter 441, Government Code,   as added by this Act, applies only to a cause of action that accrues   on or after the effective date of this Act.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.